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Opinions Dec. 1, 2010

December 1, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
William R.D. Britt v. State of Indiana
02A03-1004-CR-253
Criminal. Affirms convictions of Class B felony robbery, Class D felony criminal recklessness, and Class A misdemeanor carrying a handgun without a license. The trial court didn’t abuse its discretion in refusing to allow Britt’s counsel to introduce evidence of his brother Brandon’s prior robbery conviction.

Robert Segar v. State of Indiana
49A02-1003-CR-269
Criminal. Reverses conviction of Class A misdemeanor possession of marijuana. Segar’s detention following an investigatory stop wasn’t supported by the requisite reasonable suspicion.

David E. Stutsman v. State of Indiana (NFP)
87A01-1003-CR-187
Criminal. Affirms convictions of Class B felony dealing in methamphetamine, Class D felony possession of two or more chemical reagents or precursors with intent to manufacture a controlled substance, Class D felony possession of methamphetamine, Class D felony maintaining a common nuisance, and Class A misdemeanor possession of paraphernalia.

Elizabeth Littlefield v. State of Indiana (NFP)
49A02-1003-CR-266
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

Demond Withers v. State of Indiana (NFP)
49A04-1003-CR-182
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.

Michael Calhoun v. State of Indiana (NFP)
25A05-1003-CR-227
Criminal. Affirms partial denial of motion to correct erroneous sentence and denial of motion to correct error.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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